Nitin Jatav vs State Of Madhya Pradesh And Another

This is second application under Section 439 of Cr.P.C. filed on behalf of the applicant after rejection of earlier one which was dismissed as withdrawn vide order dated 20.03.219 in M.Cr.C.No.5713/2019, who is in custody since 29.08.2018, in connection with Crime No.618/2018, registered at Police Station Janakganj, District Gwalior, for the offence punishable under Sections 363, 366, 376(2)(n) of IPC and Section 3/4 and 5/6 of POCSO Act.

It is the submission of learned counsel for the applicant that a false case has been registered against him, which is reflected from the statement recorded under Section 164 of Cr.P.C. Besides that he referred the court statement of prosecutrix wherein she stated that she left her maternal home on her own volition. It is the matter of consent. Even otherwise, the Court statement of prosecutrix and other family members have taken place therefore, chance of tampering with the evidence is remote. Applicant does not bear any antecedent. Charge-sheet has already been filed. Confinement since 28.08.2018 amounts to pretrial detention. He undertakes to cooperate in the trial and would make himself available as and when required. He would not be a source of embarrassment and harassment to the complainant party. He also undertakes that he would not move in the vicinity of prosecutrix in any manner. He further undertakes to perform some community service. Therefore, the applicant may be released on bail.

Learned Public Prosecutor for the respondent/State opposed the prayer.

Heard the learned counsel for the parties and perused the case diary.

Considering the submissions advanced, looking to the facts and circumstances of the case as well as undertaking given above, but without commenting on the merits of the case, the application is allowed. It is directed that the applicant shall be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of the Trial Court concerned.

This order will remain operative subject to compliance of the following conditions by the applicant:-

The applicant shall comply with all the terms and conditions of the bond executed by him;

The applicant shall cooperate in the investigation/trial, as the case may be;

The applicant shall not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be;

The applicant shall not commit an offence similar to the offence of which he is accused;

The applicant shall not seek unnecessary adjournments during the trial; and he would not move in the vicinity/area of the prosecutrix and he would not be a source of embarrassment and harassment to the complainant in any manner.

The applicant shall not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

As per the undertaking of the counsel on behalf of the applicant for social/community work, the applicant is directed to visit J.A.Hospital for three months August, September and October, 2019. Collector Gwalior is directed to maintain a register of the volunteers who are going to do some community service in hospitals situated in the Gwalior city as directed by the order of this Court and in the said register, full details of those volunteers including mobile numbers, address etc. shall be mentioned so that whenever they required in future, they may be called for the work related to social service/community service.

Office is directed to send a copy of this order to the District Collector Gwalior for information and compliance.

A copy of this order be sent to the Trial Court concerned for compliance.

C.C. as per rules.